1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 22, 2009, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with the guarantee principal amounting to KRW 200,00,000 when the Nonparty Company received a loan from the new bank, and on May 27, 2010, entered into a credit guarantee agreement with the loan bank with the guarantee principal amounting to KRW 95,00,000,000, when receiving a loan from the Korean bank.

B. On July 25, 2012, when a credit guarantee accident occurred due to the natural body of the non-party company, the Plaintiff subrogated the amount of KRW 97,408,080 to the bank on November 15, 2012, and KRW 179,586,585 to the new bank on January 11, 2013.

C. The plaintiff filed a lawsuit against the non-party company and C and D, a joint guarantor of each of the above credit guarantee agreements, and confirmed a judgment or a decision of recommending reconciliation, and currently holds the claim for reimbursement stated in the claim against the non-party company.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The plaintiff's assertion and judgment

A. 1) 1) The actual manager of the non-party company established the defendant company in order to evade the debt of the non-party company. The non-party company and the defendant company correspond to the company practically identical to the non-party company, and the defendant company is liable for the repayment of the liability for reimbursement against the plaintiff of the non-party company. 2) The defendant company continues to use the name of the non-party company as a corporation incorporated by investing the business of the non-party company, and the defendant company is liable for the repayment of the liability for reimbursement owed by the non-party company

B. If one existing company established a new company substantially identical to the form of the company in order to evade debts, determination as to the assertion that is a corporate body, the establishment of the new company constitutes abuse of the company system in order to achieve the illegal purpose of evading debts of the existing company.